SELF-REFERRAL
Section 1. An employee who voluntarily
identifies himself or herself as someone who uses illegal drugs or misuses
alcohol, prior to being identified through other means, shall not be
identified to the Employer on the first occurrence of such self-referral, for
the purposes of taking disciplinary action.
Section 2. An employee may self refer except under the following
circumstances:
a. the employee has received specific notice
that he/she is to be tested for drugs or alcohol;
b. a substance abuse staff has arrived at the employee�s facility to conduct
testing;
c. the Employer is awaiting the results of a drug test taken by the
employee;
d. the employee has previously completed an Employer-approved rehabilitation
program in accordance with DOT Order 3910.1C; or
e. the employee is under investigation by the Employer for alleged substance
abuse and the employee has been made aware of the investigation.
Section 3. An employee who voluntarily
self-refers under this Article shall not be subject to disciplinary action
based only on substance abuse, if the employee:
a. obtains counseling through the Employer�s
Employee Assistance Program, and completes EAP recommended rehabilitation;
and
b. refrains from any further use of illegal drugs or alcohol misuse in
accordance with the policy of DOT Order 3910.1C.
Section 4. The flight surgeon shall
contact the employee�s facility manager and notify him/her of the approximate
length of time that the employee will be temporarily removed from their safety
sensitive duties for medical reasons. The nature of the medical problem shall
not be released.
Section 5. An employee who uses sick leave in connection with
rehabilitation under this Article shall not be required to provide a medical
certificate under Article 44 Sick Leave.
Section 6. When the employee has sufficiently recovered, he/she will be
scheduled for return to duty substance testing. Upon passing the return to
duty test, the employee�s facility manager shall be informed that the employee
is no longer removed for medical reasons, and may return to their normal
duties. If the employee does not pass the return to duty test, the employee�s
manager will be informed and the employee offered an opportunity to enter into
a last chance agreement.
Section 7. All follow-up testing shall be conducted in a manner that
will protect the privacy of the employee and whenever feasible, be conducted
off the facility grounds.
Section 8. If the employee adheres to his/her rehabilitation/treatment
plan, and all the employee�s follow-up test results are negative for a minimum
of one (1) year, the employee will have successfully completed the
rehabilitation program. A last-chance agreement will not be required in order
for the employee to enter into the rehabilitation plan.
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